https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3382

Nyegera (Suing as the legal representative a d administrattrix of the Estate of Gerrishon Gatobu Mbui - Deceased) v Ndubi (Sued as the legal representative and administratrix of the Estate of Julius Ndubi Javan - Deceased) (Land Case (Originating Summons) 42 of 2019) [2026] KEELC 3382 (KLR) (3 June 2026) (Ruling) Neutral citation: [2026] KEELC 3382 (KLR) Republic of Kenya In the Environment and Land Court at Meru Land Case (Originating Summons) 42 of 2019 BM Eboso, J June 3, 2026 Between Veronica Nyegera (Suing as the legal representative a d administrattrix of the Estate of Gerrishon Gatobu Mbui - Deceased) Plaintiff and Priscilla Ndubi (Sued as the legal representative and administratrix of the Estate of Julius Ndubi Javan - Deceased) Defendant Ruling 1.On 22/9/2021, this Court (Mbugua J) rendered a ruling in Meru ELC Case No 42 of 2019 (OS) in which she made the following verbatim transfer order: -“The pending suit before the magistrate court at Meru be it No 189 of 2018 or 172 of 2018 or both are hereby transferred to the Environment and Land Court to be handled simultaneous with the current suit. No order as to costs.” 2.Subsequently, the file relating to Meru CMC E & L Case No 189 of 2018 was physically transferred to the Environment and Land Court Registry and placed in the folder relating to Meru ELC Case No 42 of 2019 (OS). It was, however, not assigned an ELC number. 3.The other file folder which was forwarded to the ELC Registry was Meru CMC E & L Case No 172 of 2018. This particular case involved different parties, completely unrelated to the parties in Meru ELC Case No 42 of 2019 (OS). 4.This Court (Eboso J) noted in 2025 that the transfers had not been completed. The transfers were eventually completed by having the two files assigned Meru ELC numbers. 5.It subsequently emerged that Meru CMC E & L Case No 172 of 2018, which by that time had been registered as Meru ELC Case No. E005 of 2026, related to different parties as noted above. 6.Subsequent interventions by the Court have revealed that Meru CMC Case No 172 of 2018 which involved the same parties as those in Meru ELC Case No 42 of 2019 (OS) was registered and existed in the Chief Magistrate Court as a civil case and not as an environment and land case. Indeed, the file folder has now been brought. The electronic transfer has, however, not been completed. 7.It does also emerge from the original record (file folder) of Meru CMC Civil Case No 172 of 2018 that the case was marked withdrawn on 31/10/2018 pursuant to a written consent dated 26/10/2018. 8.Given the above circumstances, it emerges that this court’s transfer order dated 22/9/2021 had partly been overtaken by events by the time it was made. I say so because Meru CMC Civil Case No 172 of 2018 had been withdrawn and was no longer available for hearing alongside the other two suits. 9.Consequently, this court will proceed to hear Meru ELC Case No 42 of 2019 (Originating Summons) and Meru ELCLC No E004 of 2026 [formerly Meru CMC E & L Case No 189 of 2018]. Those are the only two pending cases involving the parties. 10.Lastly, it is hereby ordered that the file folder relating to Meru CMC Civil Case No 172 of 2018, which was marked withdrawn on 31/10/2018, be returned to Meru CMC Civil Registry forthwith. 11.Similarly, the file folder relating to Meru CMC E & L Case No 172 of 2018 shall be returned to the relevant Registry in the Chief Magistrate Court. DATED SIGNED AND DELIVERED AT MERU THIS 3RD DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGEIn the Presence of:Mr Kiogora Arithi for the PlaintiffMr Mutunga for the DefendantMr E Tupet – Court Assistant